header-logo header-logo

27 November 2024
Issue: 8096 / Categories: Legal News , Personal injury , Compensation
printer mail-detail

Whiplash boost fails to impress

A 15% increase in the tariff for soft tissue injuries ‘is not enough’, the Association of Personal Injury Lawyers (APIL) has warned.

The Lord Chancellor Shabana Mahmood announced the rise last week in response both to Consumer Price Index inflation since 2021, when whiplash reforms took effect and tariffs were introduced, and forecasted inflation to May 2027, when the next statutory review is likely to take place.

Under the Civil Liability Act 2018, the Lord Chancellor sets a tariff for whiplash injuries of up to two years in duration and makes regulations to do so, and is required to review those regulations within three years of implementation. The Act also banned offers to settle claims without medical evidence.

Mahmood kept the existing split structure of whiplash only and whiplash plus minor psychological injury tariffs, and the allowable judicial uplift of 20% of the tariff award for exceptional injuries or circumstances. She made no change to the definitions of what constitutes appropriate medical evidence and who may provide it prior to an offer to settle being made.

However, APIL president Kim Harrison said: ‘Following this review injured people will receive less compensation in real terms than they did in 2021 when the tariff was introduced.

‘If the Lord Chancellor were simply to increase the actual tariff, as introduced, in line with inflation using the Consumer Price Index, rather than making convoluted predictions about future inflation, the increase to damages in the tariff would be 22%. Increases in inflation have been eroding injured people’s damages since the tariff was introduced, a tariff which was set at an insulting, arbitrary level to begin with.

‘The facts are that since the tariff came into effect, the number of claims has plummeted, the cost of injury claims to insurers has nosedived, and yet motor premiums have continued to rise.’

Issue: 8096 / Categories: Legal News , Personal injury , Compensation
printer mail-details

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll